Relates to the sharing of information of certain employment data with state and municipal agencies and certain local development corporations.
TITLE OF BILL:
An act to amend the labor law, in relation to the sharing of information with state and municipal agencies and certain local development corporations
Allows the Department of Labor to share information with other localities so that record keeping and statistical data may be more accurate.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends subparagraph (ii) of paragraph g of subdivision 3 of section 537 of the Labor Law by adding a new clause (6) to allow for the disclosure of information collected by the State Department of Labor to agencies in cities having a population of one million or more and to the New York City Economic Development Corporation.
Section 2 provides that the bill take effect immediately.
This bill would clarify the authority of the State Department of Labor to disclose to state and municipal agencies, including agencies of the City of New York, certain employment data gathered by the State Department of Labor and the State Department of Taxation and Finance from employers in New York State. This employment data was shared with the City of New York from 1989 to 2003 and was crucial to City agencies' ability to perform analyses, such as the evaluation of economic development strategies, important to the ongoing vitality of the City. In 2004, the State Department of Labor determined that it was not statutorily authorized to share this employment data. Lack of access to this data has increasingly impeded several City agencies' ability to generate the accurate and detailed analyses necessary to the development of sound economic, fiscal, environmental and land use policies.
The employment data, the analyses of that data and the policies and programs that grew out of those analyses contributed directly to strength of the City's economy and the welfare of its citizens.. As noted, New York City agencies were recipients of this employment data for many years. The proposed bill, by clarifying the State Department of Labor's statutory authority to share the employment data, will merely restore the pre-2004 status quo. In addition, the confidentiality of the data will be secure. Under N.Y. Labor Law § 537(g)(i), the Commissioner has the authority to require that requesting agencies
sign agreements requiring that the data be kept confidential. Furthermore, requesting agencies will be required to demonstrate to the Commissioner's satisfaction that the agencies have adequate security safeguards in place to avoid any unauthorized disclosure.
Without this crucial data, the activities and effectiveness of several City agencies would be significantly hampered. For example, this data enables the Department of City Planning to analyze the socioeconomic impacts of actions requiring environmental review pursuant to the State Environmental Quality Review Act ("SEQRA") and the City Environmental Quality Review (the "CEQR"); it enables the Department of Small Business Services to target businesses for which direct assistance is appropriate, to promote financial and economic opportunities for minority and women-owned businesses, and to provide New Yorkers with workforce development opportunities, including employment training; it enables the City's Office of Management and Budget to analyze proposed legislation for its cost and revenue implications and to forecast the tax revenues that the City's economy will generate; and it enables the Economic Development Corporation to evaluate an industry's strength in a particular neighborhood, to determine the nature of existing businesses that could be displaced as part of a development project, and to identity specific locations that serve as focal points for particular industries. Lack of access to this data would have far reaching effects in terms of the City's overall economic health and on the welfare of its individual citizens. The proposed bill would enable them to perform the sophisticated analyses that are essential to their mission.
LEGISLATIVE HISTORY: A.8346/S.6097 of 2007-2008 - Referred to Labor in Assembly and Rules in the Senate A.11193/S.5026 of 2010 Referred to Labor
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 2474 A. 2985 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y January 21, 2011 ___________IN SENATE -- Introduced by Sen. SAVINO -- read twice and ordered print- ed, and when printed to be committed to the Committee on Labor IN ASSEMBLY -- Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to the sharing of information with state and municipal agencies and certain local development corpo- rations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (ii) of paragraph g of subdivision 3 of section 537 of the labor law, as added by chapter 6 of the laws of 2007, clauses 1, 4 and 5 as amended and clauses 6, 7, 8 and 9 as added by chapter 551 of the laws of 2008, is amended to read as follows: (ii) The information disclosed pursuant to this paragraph may be disclosed to the following agencies to be used exclusively for the following legitimate governmental purposes: (1) any federal, state or local agency in the investigation of fraud relating to public programs, or misuse of public funds; (2) any state or United States territorial workforce agency, local workforce investment board and its agents, and one-stop operating part- ner receiving funds under the workforce investment act of 1998 for program performance purposes and other legitimate programmatic purposes authorized by the commissioner; (3) the United States department of labor or its agents, as required by law, or in connection with the requirements imposed as a result of receiving federal administrative funding; (4) state and local economic development agencies, or their agents, where such information is necessary to carry out the statutory functions of such agencies, shall receive a quarterly census of employment and wage information compiled by the department, provided that such disclo- sure shall not violate federal law. Any redisclosure of information obtained by such agencies under this clause shall be limited to tabu- lation and publication of such information in an aggregated statisticalEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05054-01-1 S. 2474 2 A. 2985
form. No individual identifying information obtained pursuant to this clause shall be redisclosed in the course of the tabulation or publica- tion. As used in this clause, the term "aggregated statistical form" shall mean, in the case of information regarding individuals, a data set that includes information about not fewer than ten individuals, and, in the case of employer information, a data set that includes information about no fewer than three employers, of which no one employer comprises more than eighty percent of the aggregated data set;
[and](5) the workers' compensation board, the state insurance fund and the state insurance department, for purposes of determining compliance with the coverage of workers' compensation and disability insurance and to the workers' compensation board for purposes of determining eligibility for workers' compensation benefits [.]; (6) any federal, state, or local law enforcement agency in accordance with a proper judicial order or grand jury subpoena served upon the department [.]; (7) the office of temporary and disability assistance, or local social services districts, for purposes of establishing or verifying the income and eligibility of applicants for, or recipients of, benefits under state public assistance programs for such benefits. Information obtained by the office of temporary and disability assistance under this clause shall not be disclosed, except to local social services districts for purposes of establishing or verifying the income and eligibility of applicants for, or recipients of, benefits under state public assistance programs [.]; (8) the office of vocational and educational services for individuals with disabilities of the education department for the evaluation of the effect on earnings of participants, or former participants, in employ- ment and training programs for which the office of vocational and educa- tional services for individuals with disabilities of the education department has reporting, monitoring or evaluating responsibilities [.]; (9) the commission for the blind and visually handicapped for the evaluation of the effect on earnings of participants, or former partic- ipants, in employment and training programs for which the commission for the blind and visually handicapped has reporting, monitoring or evaluat- ing responsibilities [.]; AND (10) AGENCIES OF CITIES HAVING A POPULATION OF ONE MILLION OR MORE AND THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION, WHERE SUCH INFORMA- TION IS NECESSARY FOR: THE DEVELOPMENT AND EVALUATION OF ECONOMIC DEVEL- OPMENT STRATEGIES FOR SPECIFIC INDUSTRIES AND NEIGHBORHOODS; THE PERFORMANCE OF LAND USE PLANNING, THE DEVELOPMENT OF ECONOMIC IMPACT STRATEGIES FOR SPECIFIC INDUSTRIES AND NEIGHBORHOODS, AND THE ANALYSIS OF ENVIRONMENTAL IMPACTS OF ACTIONS REQUIRING REVIEW UNDER STATE OR LOCAL LAW; THE EVALUATION OF TRENDS IN HIRING, EMPLOYMENT, AND WAGES IN SPECIFIC INDUSTRIES AND NEIGHBORHOODS AND THE MONITORING OF EMPLOYEE PLACEMENT AND TRAINING PROGRAMS; OR THE FORECASTING AND MONITORING OF TAX REVENUE AND THE TRACKING OF EMPLOYMENT PATTERNS AND WORKER FLOWS ACROSS SPECIFIC INDUSTRIES AND NEIGHBORHOODS. INFORMATION DISCLOSED PURSUANT TO THIS CLAUSE SHALL BE LIMITED TO THE FOLLOWING FOR EACH EMPLOYER: NAME, ADDRESS, LOCATION, INDUSTRY, TOTAL WAGES, NUMBER OF EMPLOYEES, EMPLOYER AND REPORTING UNIT ACCOUNT NUMBERS, INITIAL TAX LIABILITY DATE, AND CODES INDICATING PRIVATE OR GOVERNMENT OWNERSHIP AND MULTIPLE ESTABLISHMENT EMPLOYERS. S 2. This act shall take effect immediately.